Process service

AN ACT Relating to updating process service requirements in 1
Washington state for business entities and motorists; amending RCW 2
4.28.080, 4.28.100, and 46.64.040; and repealing RCW 4.28.090.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 4.28.080 and 2015 c 51 s 2 are each amended to read 5
as follows: 6
Service made in the modes provided in this section is personal 7
service. The summons shall be served by delivering a copy thereof, as 8
follows: 9
(1) If the action is against any county in this state, to the 10
county auditor or, during normal office hours, to the deputy auditor, 11
or in the case of a charter county, summons may be served upon the 12
agent, if any, designated by the legislative authority.13
(2) If against any town or incorporated city in the state, to the 14
mayor, city manager, or, during normal office hours, to the mayor's 15
or city manager's designated agent or the city clerk thereof.16
(3) If against a school or fire district, to the superintendent 17
or commissioner thereof or by leaving the same in his or her office 18
with an assistant superintendent, deputy commissioner, or business 19
manager during normal business hours. 20
Z-0157.1
HOUSE BILL 1361
State of Washington 69th Legislature 2025 Regular Session
By Representatives Hill, Taylor, Fosse, and Ormsby; by request of
Secretary of State
Read first time 01/17/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1361
(4) If against a railroad corporation, to any station, freight, 1
ticket or other agent thereof within this state. 2
(5) If against a corporation owning or operating sleeping cars, 3
or hotel cars, to any person having charge of any of its cars or any 4
agent found within the state. 5
(6) If against a domestic insurance company, to any agent 6
authorized by such company to solicit insurance within this state.7
(7)(a) If against an authorized foreign or alien insurance 8
company, as provided in RCW 48.05.200. 9
(b) If against an unauthorized insurer, as provided in RCW 10
48.05.215 and 48.15.150. 11
(c) If against a reciprocal insurer, as provided in RCW 12
48.10.170. 13
(d) If against a nonresident surplus line broker, as provided in 14
RCW 48.15.073. 15
(e) If against a nonresident insurance producer or title 16
insurance agent, as provided in RCW 48.17.173. 17
(f) If against a nonresident adjuster, as provided in RCW 18
48.17.380. 19
(g) If against a fraternal benefit society, as provided in RCW 20
48.36A.350. 21
(h) If against a nonresident reinsurance intermediary, as 22
provided in RCW 48.94.010. 23
(i) If against a nonresident life settlement provider, as 24
provided in RCW 48.102.011. 25
(j) If against a nonresident life settlement broker, as provided 26
in RCW 48.102.021. 27
(k) If against a service contract provider, as provided in RCW 28
48.110.030. 29
(l) If against a protection product guarantee provider, as 30
provided in RCW 48.110.055. 31
(m) If against a discount plan organization, as provided in RCW 32
48.155.020. 33
(8) If against a ((company or corporation doing any express 34
business, to any agent authorized by said company or corporation to 35
receive and deliver express matters and collect pay therefor within 36
this state.37
(9) If against a company or corporation other than those 38
designated in subsections (1) through (8) of this section, to the 39
president or other head of the company or corporation, the registered 40
p. 2 HB 1361
agent, secretary, cashier or managing agent thereof or to the 1
secretary, stenographer or office assistant of the president or other 2
head of the company or corporation, registered agent, secretary, 3
cashier or managing agent. 4
(10) If against a foreign corporation or nonresident joint stock 5
company, partnership or association doing business within this state, 6
to any agent, cashier or secretary thereof )) represented entity as 7
defined in RCW 23.95.400, service of process, notice, or demand 8
required or permitted by law to be served on the entity may be made 9
in accordance with RCW 23.95.450. 10
(((11))) (9) If against a minor under the age of fourteen years, 11
to such minor personally, and also to his or her father, mother, 12
guardian, or if there be none within this state, then to any person 13
having the care or control of such minor, or with whom he or she 14
resides, or in whose service he or she is employed, if such there be.15
(((12))) (10) If against any person for whom a guardian has been 16
appointed for any cause, then to such guardian. 17
(((13))) (11) If against a foreign or alien steamship company or 18
steamship charterer, to any agent authorized by such company or 19
charterer to solicit cargo or passengers for transportation to or 20
from ports in the state of Washington. 21
(((14))) (12) If against a self -insurance program regulated by 22
chapter 48.62 RCW, as provided in chapter 48.62 RCW.23
(((15))) (13) If against a party to a real estate purchase and 24
sale agreement under RCW 64.04.220, by mailing a copy by first-class 25
mail, postage prepaid, to the party to be served at his or her usual 26
mailing address or the address identified for that party in the real 27
estate purchase and sale agreement. 28
(((16))) (14) In all other cases, to the defendant personally, or 29
by leaving a copy of the summons at the house of his or her usual 30
abode with some person of suitable age and discretion then resident 31
therein. 32
(((17))) (15) In lieu of service under subsection (((16))) (14) 33
of this section, where the person cannot with reasonable diligence be 34
served as described, the summons may be served as provided in this 35
subsection, and shall be deemed complete on the tenth day after the 36
required mailing: By leaving a copy at his or her usual mailing 37
address with a person of suitable age and discretion who is a 38
resident, proprietor, or agent thereof, and by thereafter mailing a 39
copy by first-class mail, postage prepaid, to the person to be served 40
p. 3 HB 1361
at his or her usual mailing address. For the purposes of this 1
subsection, "usual mailing address" does not include a United States 2
postal service post office box or the person's place of employment.3
Sec. 2. RCW 4.28.100 and 2011 c 336 s 97 are each amended to 4
read as follows: 5
When the defendant cannot be found within the state, and upon the 6
filing of an affidavit of the plaintiff, his or her agent, or 7
attorney, with the clerk of the court, stating that he or she 8
believes that the defendant is not a resident of the state, or cannot 9
be found therein, and that he or she has deposited a copy of the 10
summons (substantially in the form prescribed in RCW 4.28.110) and 11
complaint in the post office, directed to the defendant at his or her 12
place of residence, unless it is stated in the affidavit that such 13
residence is not known to the affiant, and stating the existence of 14
one of the cases hereinafter specified, the service may be made by 15
publication of the summons, by the plaintiff or his or her attorney 16
in any of the following cases: 17
(1) When the defendant is a nonregistered foreign ((corporation)) 18
entity as defined in RCW 23.95.105, and has property within the 19
state; 20
(2) When the defendant, being a resident of this state, has 21
departed therefrom with intent to defraud his or her creditors, or to 22
avoid the service of a summons, or keeps himself or herself concealed 23
therein with like intent; 24
(3) When the defendant is not a resident of the state, but has 25
property therein and the court has jurisdiction of the subject of the 26
action; 27
(4) When the action is for (a) establishment or modification of a 28
parenting plan or residential schedule; or (b) dissolution of 29
marriage, legal separation, or declaration of invalidity, in the 30
cases prescribed by law; 31
(5) When the action is for nonparental custody under chapter 32
26.10 RCW and the child is in the physical custody of the petitioner;33
(6) When the subject of the action is real or personal property 34
in this state, and the defendant has or claims a lien or interest, 35
actual or contingent, therein, or the relief demanded consists 36
wholly, or partly, in excluding the defendant from any interest or 37
lien therein; 38
p. 4 HB 1361
(7) When the action is to foreclose, satisfy, or redeem from a 1
mortgage, or to enforce a lien of any kind on real estate in the 2
county where the action is brought, or satisfy or redeem from the 3
same; 4
(8) When the action is against any corporation, whether private 5
or municipal, organized under the laws of the state, and the proper 6
officers on whom to make service do not exist or cannot be found;7
(9) When the action is brought under RCW 4.08.160 and 4.08.170 to 8
determine conflicting claims to property in this state.9
Sec. 3. RCW 46.64.040 and 2003 c 223 s 1 are each amended to 10
read as follows: 11
((The acceptance by a )) (1)(a) A nonresident ((of)) accepts the 12
rights and privileges conferred by law in the use of the public 13
highways of this state, as evidenced by ((his or her operation)):14
(i) Operation of a vehicle thereon((,)); or ((the))15
(ii) The operation thereon of ((his or her )) the nonresident's 16
vehicle with ((his or her )) the nonresident's consent, express or 17
implied((,)).18
(b) Acceptance under (a) of this subsection shall be deemed 19
equivalent to and construed to be an appointment by such nonresident 20
of the secretary of state of the state of Washington to be ((his or 21
her)) the nonresident's true and lawful attorney upon whom may be 22
served all lawful summons and processes against ((him or her )) the 23
nonresident growing out of any accident, collision, or liability in 24
which such nonresident may be involved while operating a vehicle upon 25
the public highways, or while ((his or her )) the nonresident's 26
vehicle is being operated thereon with ((his or her )) the 27
nonresident's consent, express or implied((, and such operation)).28
(2) Operation and acceptance under subsection (1) of this section 29
shall be a signification of the nonresident's agreement that any 30
summons or process against ((him or her)) the nonresident which is so 31
served shall be of the same legal force and validity as if served on 32
the nonresident personally within the state of Washington. ((Likewise 33
each))34
(3) A resident of this state ((who)) appoints the secretary of 35
state of the state of Washington as the person's lawful attorney for 36
service of summons or process as provided in this section for 37
nonresidents, if the resident , while operating a motor vehicle on the 38
public highways of this state((, is)):39
p. 5 HB 1361
(a) Is involved in any accident, collision, or liability ; and 1
((thereafter))2
(b) Thereafter at any time within the following three years 3
cannot, after a due and diligent search, be found in this state 4
((appoints the secretary of state of the state of Washington as his 5
or her lawful attorney for service of summons as provided in this 6
section for nonresidents)). 7
(4) Service of such summons or process under subsections (1) and 8
(3) of this section shall be made by leaving ((two copies )) a copy 9
for record and for each address to be served thereof with a fee 10
established by the secretary of state by rule with the secretary of 11
state of the state of Washington, or at the secretary of state's 12
office((, and such service)).13
(5) Service under subsection (4) of this section shall be 14
sufficient and valid personal service upon said resident or 15
nonresident((: PROVIDED, That notice)) provided that:16
(a) Notice of such service and a copy of the summons or process 17
is forthwith sent by registered mail with return receipt requested, 18
by plaintiff to the defendant at the last known address of the said 19
defendant((,)); and ((the))20
(b) The plaintiff's affidavit of compliance herewith are appended 21
to the process, together with ((the)):22
(i) The affidavit of the plaintiff or plaintiff's attorney that 23
the plaintiff or plaintiff's attorney has with due diligence 24
attempted to serve personal process upon the defendant at all 25
addresses of the defendant known to ((him or her of defendant and )) 26
the plaintiff or attorney;27
(ii) A further listing in ((his or her )) the plaintiff or 28
plaintiff's attorney's affidavit of the addresses at which ((he or 29
she)) the plaintiff or attorney attempted to have process served ((. 30
However, if)); and31
(iii) If there are no known addresses, a statement to that effect 32
within the plaintiff's or plaintiff's attorney's affidavit.33
(6) If process is forwarded by registered mail and the 34
defendant's endorsed receipt is received and entered as a part of the 35
return of process then the ((foregoing)) affidavit ((of plaintiff's 36
attorney)) required in subsection (5) of this section need only show 37
that the defendant received personal delivery by mail ((: PROVIDED 38
FURTHER, That )). However, personal service outside of this state in 39
accordance with the provisions of law relating to personal service of 40
p. 6 HB 1361
summons outside of this state shall relieve the plaintiff from 1
mailing a copy of the summons or process by registered mail as 2
((hereinbefore)) provided in this section. 3
(7) The secretary of state shall ((forthwith)), within eight 4
business days, send one of such copies provided under subsection (4) 5
of this section by mail, postage prepaid, addressed to the defendant 6
at the defendant's address, if known to the secretary of state.7
(8) The court in which the action is brought may order such 8
continuances as may be necessary to afford the defendant reasonable 9
opportunity to defend the action. 10
(9) The fee paid by the plaintiff to the secretary of state shall 11
be taxed as part of ((his or her )) the plaintiff's costs if ((he or 12
she)) the plaintiff prevails in the action. 13
(10) The secretary of state shall keep a record of all such 14
summons and processes, which shall show the day of service.15
NEW SECTION. Sec. 4. RCW 4.28.090 (Service on corporation 16
without officer in state upon whom process can be served) and 1985 c 17
469 s 1 & 1893 c 127 s 8 are each repealed.18
--- END ---
p. 7 HB 1361